Japan’s “justice” system is based on something outlawed in England nigh on 800 years ago under Magna Carta (remedied as habeus corpus). It’s basically legalised kidnapping by the police where they hold you hostage to yourself until you admit the charges against you. You may be held indefinitely, if the court so wishes.
Thus, his confession should be seen with scepticism as to its truth.
Mitnick did not request a speedy trial, in fact he moved to delay the trial.
https://www.aclu.org/news/human-rights/20-years-later-guanta...
https://www.newyorker.com/magazine/2014/10/06/before-the-law
As I understand it the basis legally is about Guantanamo bay not being formally part of the US, and therefore not subject to the constitution or regular law. Military law probably applies, although I'm not 100% on this.
Then the next logical step is to declare Detroit outside of US legal jurisdiction. This will solve a lot problems. /s
And that’s the problem. The government “deciding” that Guantanamo is a special jurisdiction to do whatever they want.
Not sure why your innocent framing justifies it?
You don't get to just scoop people up and hold them indefinitely on the basis of 'whoopsiedoodle, nobody will take them back.'
These people are unofficial POW of the Iraq and Afghanistan wars from what I understand. They should be returned to the governments of both.
Unofficial POW isn’t a status; that’s just a detainee.
The Supreme Court has essentially ruled there is no particular deadline (https://en.m.wikipedia.org/wiki/Barker_v._Wingo). Individual states do have rules, but it varies based on the type of crime, and tend not to match a normal person's definition of speedy.
Just look at any article that comes up on this site that covers the justice system. It's a hot mess everywhere, to a varying degree.
Japan is no exception, and there are countless number of injustices. But at the very least, the police there don't get to shoot people and walk scott free.
Detaining suspects for long periods of time and forcing confessions is a topic that comes up repeatedly, each time with different examples. I don't know how anyone can say with a straight face that this isn't anything of substance.
The prosecution repeatedly (1) refused to provide their evidence in discovery - Mitnick wanted proof to prepare his defence. My reading is that the government was hoping he would just fold, instead of fighting back.
(1) https://www.zdnet.com/article/more-delays-for-mitnick-trial/
It's not that it's too far compared to the other stuff, but they also have a hard time catching higher ups with this other stuff, since they don't do it themselves.
So it's actually a very common way to catch them. One from the Yamaguchi clan was caught recently for having subscribed for a point card in a supermarket.
If it's the system, then should we not expect Japanese living abroad to engage in more crime? Are Japanese-Americans more likely to engage in crime than their ancestors?
Take castes for example Japan has castes or "Burakumin" even now in 2023. Anyone who deals with "unclean" job like slaughterhouse, undertaker, obviously Japanese mob (which ironically was created due to the discrimination). Supposedly (and highly likely) the people who were tasked with cleaning up in the radioactive areas of the Fukushima Daiichi disaster were all or labelled Burakumin people.
Then there is Japanese blood personality types which is yet another form of discrimination, lord help you if you're type B.
The indigenous residents of Japan Ainu are also discriminated against.
The author is a criminal lawyer (https://ja.wikipedia.org/wiki/朔立木), so I'm assuming it's stark accurate.
As someone who has had cases thrown out before trial, and known other people who have been found "not guilty", the conviction rate for non-federal in the US is (very) much lower.
“The conviction rate is 99.3%. By only stating this high conviction rate it is often misunderstood as too high—however, this high conviction rate drops significantly when accounting for the fact that Japanese prosecutors drop roughly half the cases they are given. If measured in the same way, the United States' federal conviction rate would be 99.8%.”
> Suspects can be detained for an "interview" in a daiyō kangoku for as many as seventy-two hours under the Code of Criminal Procedure. After this seventy-two-hour period, prosecutors can request a further ten days' detention of the suspect from a judge. These ten days are frequently used by the investigative authorities to gain confessions from the suspect. After the initial ten-day extension, the prosecutor can request a further ten days of detention from a judge, before the suspect must either be charged or released. Activists claim that requests for pre-trial detention after arrest are almost always granted by judges; in 1987, the rate of approval for all requests was 99.8%
I don't think Western courts approve pre-trial detention at this rate, though I wouldn't be surprised if 99.8% of search warrants are granted, for example.
He was freed from that after serving his sentence. He since been held awaiting extradition after being charged in the US with a ton of crimes
Since then various of appeals have been progressing to extradite him or not, and quite rightly as someone convicted of fleeing bail He not eligible for bail.
I’m no fan of the one sided extradition treaty the U.K. and US has, however the US has raised plenty of charges including conspiracy to hack, actually hacking, and the espionage one.
Germany charges him with murder applies for extradition
You think Canada should just say “nah”?
I'd also take objection with the "surpass us" term. Japan was not "ahead" in technological terms until the late postwar period. Before WW2 they were almost on par, and largely because they made massive efforts to pilfer technology and methodologies from Western Europe. It was after WW2, when they were forbidden from military expansion, that they focused on economic development (again with massive "imports" of know-how), so much that they briefly "surpassed" the by-then-dominant US in certain fields.
https://www.theguardian.com/world/2022/dec/16/japan-approves...
You can't steal ideas. If they took technology, duplicated it and made it better then that's a good thing.
>so much that they briefly "surpassed" //
They copied, but they got a better grade?
This sounds like a good thing, something all technology companies working in the same area should strive for, and indeed how patents (in a limited way) and open-source work : one creates improvement over the current developments.
Why would you want people spending time 'reinventing the wheel' just because they live in another country. Use the best of tech and make it better if you can.